Support ESJ Law against BNTAC and Associates

Support ESJ Law against BNTAC and Associates

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Deborah Dunn started this petition to Deborah. Dunn and

On the 8th June 2020, a small number of BNTAC Native Title Holders, got together to have a meeting with regards to gaining legal proceedings through ESJ Law, against BNTAC and AET.

It was confirmed that the following persons:

1. Rodney Parker (Budulinya), 2. Deborah Dunn (Budulinya), 3. Natalie Parker (Youngaleena), 4. Timothy Parker (Youngaleena), 5. Brian Tucker (Wirrilimarra), 6. Lloyd Tucker (Wirrilimarra) 

Would act on behalf of all signed and listed, BNTAC Native Title Holders, as it was through these groups that the BNTAC Native Title Determination was granted:

1. Budulinya (5 Mile), 2. Youngalenna & 3. Wirrilimarra

The Agenda items were as follows:

1.       Membership of BNTAC - associate members should be made full members, they have entitlements under the trust to be paid as beneficiaries, address anomalies in financial material, address decisions made by BNTAC Directors which should be made by the greater community, Dual membership is unlawful. Any person under the three family groups that Native Title was granted under are encouraged to apply for full membership.

2.       Financials of BNTAC - BNTAC is recognized under the Federal Court as the accepted Prescribed Body Corporation (PBC) and are under an obligation to act lawfully under the CATSI Act (Corporations Aboriginal and Torres Strait Islander) if BNTAC do not comply with the law under the Corporations Act 2006 (CATSI Act), ESJ Law will commence proceedings in the Supreme Court.

3.       Legal letters drafted but not sent to several Organizations – E.g. Trustee (AET), Department of Planning, Lands and Heritage.

4.       Discussion about other issues - clarity given under the Rule Book, the Corporation has the discretion to ignore the Elders Council, they have no power, merely a recommendation  and guidance group. If we have a chorum of 15 percent numbers we can make changes to the Rule Book, through a Special AGM.

5.       Moving forward - David explains that this must be decided by the three communities and will be included in the letter to BNTAC. If the members wish to start up a Corporation, they must first discuss this as a group and if they would like our assistance in this process, we can do so, but it must be decided outside of this meeting.

David explains that currently the legal process, matter is pro bono. However, if the members gain control back of all the MIB beneficiary funds etc – then it would be good if you would be prepared to reimburse for costs. If we were unable to gain control it is not going to be insisted that the costs are paid.

The following resolutions came from these items:

Resolution #1 - There is only one form of membership (full membership) and associate membership is to be removed from the Rule Book. We give instructions that all Banjima people are the descendants of the Apicals listed in the determination decision and are to have full membership with full voting rights.

Resolution #2 - We instruct ESJ Law to organise an independent audit of the financial years ending 2018 and 2019, conducted by an approved independent auditor under the Western Australian Accounting Society.

Resolution #3 - We instruct ESJ Law to organise a full audit of all MIB activities both financial and every other activity for 2018 and 2019. All MIB activities including the financial activities and other activities be audited by an independent audit.

Resolution #4 - We instruct ESJ Law to write to BNTAC and inform them that all intellectual property rights with respect to MIB remain with Youngaleena and Budulinya property only. No use of that logo or intellectual property can be used without your permission. Any profits or monies are to be returned immediately to the rightful Native Title Holders.

Resolution #5 - All cultural matters to be handed back to the Community.

 

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